Do I Need Court Approval to Move with My Child After a Divorce?

According to the Pew Research Center, only 46% of children live in households where their parents are married. This means that more than half of children must split their time, in some way, between their parents. Consequently, co-parents must maintain proximity to one another to help their child develop meaningful connections with each of them.

However, complications arise when one parent needs to relocate with the child. This situation prompts an important question: Is court approval required for the move, or can they simply pack up and go? This blog will clarify Illinois’ laws on parental relocation, offering valuable insights for co-parents navigating these challenges.

Illinois Parental Relocation Laws

Illinois has specific rules about parents relocating with their children to ensure that such moves prioritize the child’s best interests.

For parents living in collar counties—Cook, DuPage, Kane, Lake, McHenry, and Will County—neither a primary residential parent nor a 50/50 parent can move more than 25 driving miles away without court approval. If you’re outside these collar counties, the limit is increased to 50 miles.

Additionally, Illinois laws state that parents cannot move out of state without court approval if the new location is more than 25 miles from the primary caregiver’s home or a 50/50 parent. In summary, while moving out of state is possible, it must remain within a 25-mile radius of the primary caretaker’s residence.

The Relocation Process

If you are considering relocating with your child after a divorce, following the correct procedures is crucial to avoid any legal repercussions. First, notify the non-custodial parent of your intention to move. This must be done in writing and certified mail at least 60 days before the planned relocation date. If there is an existing parenting plan or court order, this notice should include specific details about how visitation arrangements will change after the move.

Upon receiving notice, the non-custodial parent has 30 days to object to the relocation by filing a petition with the court. If no objection is filed within that time frame, the custodial parent can proceed. However, if an objection is filed, both parents must attend a hearing where the court will consider all relevant factors to determine if the relocation is in the child’s best interest.  

These factors include the reasons for relocation, the objections of the other parent, the child’s relationship with each parent, educational opportunities, and the presence of extended family in each location. By focusing on these elements, Illinois law aims to balance the rights of both parents while prioritizing the child’s well-being.

Tips for Navigating Parental Relocation

Successfully navigating parental relocation requires strategy and understanding. First and foremost, maintain open communication with the other parent. Discuss your reasons for moving and the potential benefits for the child while listening to the other parent’s concerns. Transparency can often prevent misunderstandings and foster cooperation.

Secondly, gather documentation to support your case if a court hearing becomes necessary. This may include school reports, letters from employers, or evidence of improved living conditions. The more information you have to support your decision, the stronger your case will be.

Lastly, seek legal counsel from an experienced family law attorney who can guide you through the process and advocate for your best interests. They can help you understand the laws, gather necessary documentation, and represent you in court.

Move with Confidence

In short, parental relocation requires careful consideration and adherence to Illinois’ laws. While court approval may not always be necessary, following the proper procedures and prioritizing the child’s best interests is essential. Open communication, thorough documentation, and seeking legal guidance can help co-parents successfully navigate this complex issue. After all, a child’s well-being should always be at the forefront of any decision made by parents.

If you’re considering moving with your child post-divorce, take proactive steps to understand your rights and responsibilities. Contact Arami Law, Inc. for personalized legal advice and support tailored to your unique situation. It’s time to explore a brighter future for you and your child with confidence and clarity.